July 1966 



COMMERCIAL FISHERIES REVIEW 



105 



BUREAU OF COMMERCIAL FISHERIES AND 

 BUREAU OF SPORT FISHERIES AND WILDLIFE 



REGULATIONS PROPOSED TO START 

 NEW ANADROMOUS FISHERIES PROGRAM: 

 Proposed regulations to govern a new Fed- 

 eral program to conserve and develop the 

 Nation's anadromous fishery resources were 

 announced by the U. S. Department of the In- 

 terior on June 10, 1966. Anadromous fish, 

 such as striped bass, salmon, and shad, live 

 in the ocean and return to fresh water to 

 spawn. 



The Anadromous Fish Act (P. L. 89-304) . 

 passed in October 1965, provides funds for 

 States and other non- Federal interests to fi- 

 nance up to 50 percent of the cost of projects 

 such as stream improvement and construc- 

 tion of fishways, spawning channels, hatcher- 

 ies, and research. The Act authorizes ap- 

 propriation of $2 5 million through June 30, 

 1970. 



Thirty-one States having anadromous fish- 

 ery resources, including Coastal States and 

 those bordering the Great Lakes, are eligible 

 for funds under the new program. The regu- 

 lations spell out requirements for loan eligi- 



bility and specify that all research must be 

 coordinated to avoid costly duplication. 



Stanley A. Cain, Assistant Secretary for 

 Fish and Wildlife and Parks, said the Anad- 

 romous Fish Act will be administered joint- 

 ly by Interior's Bureau of Commercial Fish- 

 eries and Bureau of Sport Fisheries and 

 Wildlife. He said cooperative administration 

 is desirable because the legislation concerns 

 both commercial and sport fishermen. 



Funds to launch the program have been 

 authorized by Congress. For Fiscal Year 

 1967, which began July 1, 1966, the Bureau 

 of Commercial Fisheries and the Bureau of 

 Sport Fisheries and Wildlife each will have 

 $2.5 million for loans among the 31 eligible 

 states. A ceiling of $1 million has been 

 placed on the amount that can be granted in 

 any one year to a single state. 



Interested persons were given the opportu- 

 nity to submit written comments, suggestions, 

 or objections on the proposed regulations. 



A notice of Proposed Rule Making as pub- 

 lished in the Federal Register of June 9, 

 1966, follows: 



DEPARTMENT OF THE INTERIOR 



Fish and Wildlife Service 



[ 50 CFR Part 401 1 



ANADROMOUS FISHERIES CONSER- 

 VATION, DEVELOPMENT AND EN- 

 HANCEMENT 



Notice of Proposed Rule Making 



Notice is hereby given tliat pursuant 

 to tlie autliority vested in tiie Secre- 

 tary of the Interior by the AnaSromous 

 Fish Act of 1965 (P.L. 89-304) . it Is pro- 

 posed to adopt 50 CFR Part 401 as set 

 forth below. The purpose of these reg- 

 ulations is to set forth procedures to be 

 used by the Secretary in providing fl- 

 nanciai and other assistance, through 

 cooperative agreements, to State 

 agencies and other non-Federal inter- 

 ests in the conservation, development 

 and enhancement of the commercial and 

 sport anadromous fisheries resources of 

 the Nation and fishes of the Great Lalces 

 which ascend streams to spawn. 



On February 14, 1966, a letter and a 

 copy of the proposed regulations were 

 sent concerned State Fishery agencies 

 for their review. Also, on February 14, 

 a letter signed by the Secretary of the 

 Interior was sent the Governor of each 

 State, with a copy of the Anadromous 

 Fish Act, Informing them of meetings 

 scheduled as follows for discussion of 

 the proposed regulations: 



Boston, Mass Feb. 18 



St. Petersburg Beach, Fla Feb. 24 



Ann Arbor, Mich Mar. 8 



Portland, Oreg,-- Mar. 10 



In addition, on February 15 a news re- 

 lease was given wide distribution which, 

 among other things, invited non-Federal 

 interests other than the State fishery 

 agencies to attend the four meetings. 



These meetings were held as scheduled 

 and were attended by representatives of 

 20 of the 31 eligible States. Six non- 

 Pederal Interests other than the States 

 were also present. Reaction to the pro- 

 posed regulations was very favorable and 

 only minor revisions resulted. 



Program objectives, goals and priori- 

 ties, together with determination to be 

 made of the distribution of funds to 

 eligible grantees require further atten- 

 tion within the U.S. Fish and Wildlife 

 Service. 



Interested persons may submit written 

 comments, suggestions, or objections 

 with respect to the proposed regulations 

 to the Director, Bureau of Commercial 

 Fisheries or the Director, Bureau of Sport 

 Fisheries and Wildlife, Department of 

 the Interior, Washington, B.C., 20240, 

 within 30 days after the date of publica- 

 tion of this notice In the Federal 

 Register. 



Sec. 





401.1 



Definitions. 



401.2 

 401.3 



Submission of applications. 

 Prosecution of work. 



401.4 



General information for the Secre- 



401.5 

 401.6 

 401.7 



tary. 

 AvailablUty of funds. 

 Payments to cooperators. 

 Forms of vouchers. 



401.8 

 401.9 

 401.10 

 401.11 



Property as matching funds. 

 Economy and efficiency of operations 

 Ownership of property. 

 Personnel. 



401.12 



Inspection. 



401.13 Records retention. 



401.14 Reporting. 



401.15 Safety and accident prevention. 



401.16 Contracts. 



401.17 Statements and payrolls. 



401.18 Officials not to benefit. 

 401.10 Patents and inventions. 



401.20 Ctonvict labor. 



401.21 Civil rights. 



AuTHoRixy : The provisions of this Part 

 401 Issued under P.L. 89-304. 



g 401.1 Dennitions. 



As used in this part, terms shall have 

 the meanings ascribed in this section. 



(a) Secretary. The Secretary of the 

 Interior or his authorized representa- 

 tives. 



(b) Act. PubUc Law 89-304, the 

 Anadromous Fish Act of 1965. 



<c) State. Any State of the United 

 States which has had or now contains 

 anadromous flsh and the States border- 

 ing the Great Lakes. 



(d) State fishery agency. Any de- 

 partment(s) , division(s) , commlssion(s) , 

 or official (s) of a State empowered under 

 its laws to administer the commercial or 

 sport fishery. 



(e) Non-Federal interest. Any orga- 

 nization, association, institution, busi- 

 ness, school, individual or group of in- 

 dividuals, municipality and others out- 

 side the Federal Government in addition 

 to State fishery agencies who desire to 

 cooperate within the terms of the Act. 



(f ) Cooperator. A State fishery 

 agency or other non-Federal Interest 

 participating in a cooperative agreement 

 with the Secretary. 



(g) Anadromous fish. Aquatic, gill 

 breathing, vertebrate animals bearing 

 paired fins which migrate to and spawn 



